We reserve the right to change this TOU at any time. We will post notice of any change on our Site. If you object to this change, you may cease using the Site. This will be your only recourse for such a change.
Our services are designed to allow you to search for business services. The services use a proprietary search engine we have developed to narrow your search. However, you control the parameters of the search. Because of this, you need to independently research the qualifications of any businesses that appear in your search results.
You may only use our services lawfully. The services are designed to be used in a particular way. You may not attempt to use them in other ways. If we believe the services are being misused, we may suspend your ability to use them.
The services are our intellectual property, or the intellectual property of others we have permission to use. To clarify, and without limiting our intellectual property rights, we own the format of our search form, any buttons and tools on our Site, the graphics, and our name, including our domain name and variations on it. You may not use that intellectual property for any purpose other than searching for businesses. You may not claim any ownership in it. We own the results of any search. We grant you a limited, non-exclusive, free, worldwide license to use the search results for the sole purpose of contacting businesses that appear in search results.
You may include free-text information in the search page. Once you submit this information to us, and we associate it with other information you provide to us, we own the resulting work. You expressly understand that we will transmit this information, and any other information you provide to us, to our third-party referral partners.
When we display our search results, the results include information that comes from third parties. This content is provided to us by them, and we are not responsible for it. We may not review this content. You agree, should you have a claim based on this content, to look only to that third party for recourse.
The purpose of our Site is to allow you to search for businesses that meet your needs. In your search results, and in some cases in listings displayed on the Site, we link to third parties. These third parties pay us for these links. Your search results will be influenced by this compensation. We do not operate or control these third-party sites. We do not endorse or approve any products on these sites. You acknowledge and agree that you are solely responsible for your access and use of the products, services provided by third parties, and the content of their sites.
You agree to defend, indemnify, and hold us harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site, search results and/or violation of this TOU. You agree to do the same for our suppliers, partners or advertisers.
THE SITE, ITS CONTENTS, AND ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER WE, NOR ANY PARTY OFFERING OR MARKETING SERVICES ON THE SITE, MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NO ONE IS EMPOWERED TO MAKE ANY WARRANTIES ON OUR BEHALF. THE FOLLOWING WARRANTIES ARE EXPRESSLY EXCLUDED, WITHOUT LIMITATION: WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR PERFORMANCE. NEITHER WE, NOR ANY PARTY OFFERING OR MARKETING SERVICES OR PRODUCTS ON THE SITE, WARRANT THAT THE SITE, AND ANY SITE YOU ARE REFERRED TO, OR ITS OR THEIR CONTENTS WILL BE COMPLETE, ACCURATE, UNINTERRUPTED, SECURE, OR ERROR-FREE.
SOME JURISDICTIONS DO NOT ALLOW US TO EXCLUDE THESE WARRANTIES. IN SUCH A CASE, OUR WARRANTIES ARE LIMITED TO THE GREATEST EXTENT PROVIDED BY SUCH A LAW.
EXCEPT AS LIMITED BY LAW, NEITHER WE, NOR OUR SUPPLIERS, PARTNERS OR VENDORS, ARE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR FINANCIAL LOSSES, NOR ARE ANY OF THE INDIVIDUALS OR ENTITIES LISTED IN THE PRIOR PARAGRAPH RESPONSIBLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY, AND THOSE OF OUR SUPPLIERS, PARTNERS OR VENDORS, FOR ANY CLAIM UNDER THIS TOU, OR FOR THE SERVICES WE, OR THEY, PROVIDE IS LIMITED TO THE AMOUNT YOU HAVE PAID TO US. IF YOU CLICK THROUGH OUR SITE TO ANOTHER SITE, THIS PARAGRAPH WILL NOT APPLY TO THE SITE YOU CLICK THROUGH TO, BUT WILL STILL APPLY TO US. NO INDIVIDUAL OR ENTITY REFERENCED IN THIS PARAGRAH IS LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORSEEABLE.
This TOU shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada in force therein without regard to its conflict of law rules. All parties agree that by agreeing to our TOU they have attorned to the jurisdiction of the Supreme Court of British Columbia which shall have exclusive jurisdiction over this Agreement. To the fullest extent permitted by applicable law, you waive and agree not to assert, as a defense or otherwise, (i) any claim that it is not subject to the jurisdiction (in person or otherwise) of any such court, (ii) any objection that it may now or hereafter have to the laying of venue in any such court or (iii) any claim that any suit, action or proceeding has been brought in an inconvenient forum.
In the event of any dispute arising between the parties concerning our TOU, its enforceability or the interpretation thereof, the same shall be settled by a single arbitrator appointed pursuant to the provisions of the Commercial Arbitration Act of British Columbia, or any successor legislation then in force. The place of arbitration shall be Vancouver, British Columbia. The language to be used in the arbitration proceedings shall be English.
Nothing herein shall prevent a party hereto from applying to a court of competent jurisdiction for interim protection such as, by way of example, an interim injunction.
This TOU is between you and us. It does not create any third-party beneficiary rights.
Our waiver of a term or provision of this TOU does not result in our inability to choose to enforce it at a later time.
If a provision of this TOU is unenforceable, the fact that it is unenforceable will not affect the enforceability of the other provisions of this TOU.
We have designated an agent under the Digital Millennium Copyright Act for receipt of copyright infringement notices. The address for those notices is: eBridge Marketing Solutions Inc., 4620 Teviot Place, North Vancouver, BC V7R 4M5 Canada.
For all other notices, please use this address: eBridge Marketing Solutions Inc., 4620 Teviot Place, North Vancouver, BC V7R 4M5 Canada